Solicitors’ duties to advise on the implications of transactions
Recent Supreme Court decision confirms solicitors have an obligation to advise clients on obvious practical implications of transactions which are the subject of advice.
Risk management and claims prevention
The incidence and cost of claims against Lawcover insureds has reduced markedly. By SIMONE HERBERT-LOWE.
Duty of care to prospective beneficiary under a will? Badenach v Calvert
A solicitor approached to draft a will does not always owe a duty of care to a prospective beneficiary. By ABBEY BURKE.
Key principles of privilege and waiver of privilege
The underlying facts play a large part in any privilege considerations – but practitioners need to clearly appreciate the legal principles. By GREG COUSTON and…
Can a lawyer act contrary to a former client’s interests?
One of the key considerations is whether the law firm has established an effective ‘information barrier’ to prevent the disclosure or misuse of the former…
Personal costs orders against solicitors
Each year a number of costs orders are sought against legal practitioners personally. By PETER MORAN.
Implications of the High Court’s decision on advocate’s immunity
Settlement advice and discussions should be documented to reduce the prospects of a successful negligence claim. By SIMONE HERBERT-LOWE.
Informal communications with judges’ chambers: a professional and risk management issue
There are well established and clear protocols for communications with judges and judges’ chambers. However, breaches of protocols are not uncommon. By GREG COUSTON and…
No compromise on advocate’s immunity
Advice leading to a settlement agreed between the parties is not generally protected by the immunity from suit. By MALCOLM CAMERON.
Subpoenae and claims for legal professional privilege
Where a client wishes to object to a subpoena that ‘catches’ allegedly privileged documents, it is important that the objections be made prior to the…
‘Put and call’ options: increasing risk for property transactions
When advising on or drafting an option deed/agreement, ensure that the need for such an arrangement has been adequately considered and there are no ambiguous…